Getting adequate compensation is an important part of your recovery from your Oklahoma personal injury. When a negligent or reckless third party injures you, receiving compensation can help you regain normalcy in your life.
Injured in Oklahoma City? Call Warhawk Legal at (405) 397-1717 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
Compensation in civil suits is paid out as a reflection of damages. These damages are what victims experience in the aftermath of the incident that injured them. In this guide, we’ll examine the three main categories of damages and look at potential examples of each.
If you need any help with understanding damages or what you could be owed in compensation, contact our Oklahoma City injury lawyers at (405) 397-1717.
Understanding Damages In Oklahoma
In civil courts around the country, if you are the victim of a personal injury, you have the potential to recover damages. Like all states in the U.S., in Oklahoma there are three main types of damages: economic, non-economic, and punitive.
Economic Damages
All successfully concluded civil suits will award some kind of economic damages to the plaintiff. Economic damages (sometimes called compensatory damages) are the real-world financial costs associated with your incident. A good rule of thumb is that economic damages have a clear itemized price that can be tabulated.
Examples of economic damages include:
- Property Repairs
- Medical Bills
- Rehabilitation Costs
- At-Home Care Costs
- Lost Wages
- Lost Future Earning Potential
- Funeral or Burial Expenses
Non-Economic Damages
Non-economic damages (sometimes called non-compensatory damages) are the intangible costs of your situation. As the name implies, non-economic damages do not have a clear dollar amount associated with them.
Here are some examples of non-economic damages
- Pain and Suffering
- Emotional Distress
- Anxiety
- Depression
- Post-Traumatic Stress Disorder (PTSD)
- Loss of Companionship
- Loss of Consortium
Previously, in Oklahoma, there was a cap on non-economic damages, set at $350,000. This was struck down by the Oklahoma Supreme Court in 2019 so now victims can collect as much as they need to survive.
Punitive Damages
Punitive damages are damages that are not tied to the pain and suffering of the victims. Essentially, punitive damages seek to punish the negligent or reckless third party for exceptionally egregious actions, with the goal of discouraging others from acting in a similar fashion.
In Oklahoma, the only cap on damages is for punitive damages. As dictated by 23 OK Stat § 9.1 (2023), “Where the jury finds by clear and convincing evidence that: 1. The defendant has been guilty of reckless disregard for the rights of others; or 2. An insurer has recklessly disregarded its duty to deal fairly and act in good faith with its insured; the jury, in a separate proceeding conducted after the jury has made such finding and awarded actual damages, may award punitive damages in an amount not to exceed the greater of:
a.One Hundred Thousand Dollars ($100,000.00), or
- The amount of the actual damages awarded.”
That means that there is a cap on damages set at either $100,000 or no greater than the total of economic and non-economic damages.
Warhawk Legal Will Fight For Your Compensation
If you have been injured due to someone’s negligence, contact us at Warhawk Legal so our Oklahoma City accident lawyers can fight to get the compensation you are owed. Book your free, no-obligation case review by calling (405) 397-1717 or scheduling your appointment online.
Punitive Damages in Oklahoma Personal Injury Cases
Beyond economic and non-economic damages, Oklahoma law allows punitive damages in cases where a defendant’s conduct was reckless, fraudulent, intentionally malicious, or showed a conscious disregard for the rights of others. Punitive damages are not tied to your actual losses — they are designed to punish the defendant and deter similar conduct. Courts consider the severity of the misconduct, the harm caused, and the defendant’s financial condition when setting the amount. Punitive damages are relatively rare but are sought in cases involving drunk drivers, employers who deliberately ignored safety regulations, or insurance companies that acted in bad faith denying valid claims.
How Long You Have to Claim Damages in Oklahoma
Oklahoma’s statute of limitations for personal injury claims is two years from the date of the injury. If you miss this deadline, you lose the right to recover any damages at all — economic or non-economic. The clock can be paused in limited circumstances, such as when an injury victim is a minor or when the injury was not discoverable at the time of the accident. An attorney can evaluate whether any tolling exceptions apply to your situation and ensure your claim is filed within the required window.
Frequently Asked Questions About Personal Injury Damages
Are personal injury settlements taxable? Compensation for physical injuries and related emotional distress is generally not taxable under federal law — but punitive damages are taxable. Consult a tax professional about your specific situation. How is pain and suffering calculated? There is no fixed formula in Oklahoma — attorneys often use a multiplier of economic damages as a starting point, adjusted for severity and permanence. Do I have to pay my medical bills from the settlement? Yes — medical providers and health insurers often have liens against a personal injury recovery. Warhawk Legal negotiates these liens as part of the settlement process to maximize your take-home amount.
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If you or a loved one has been injured, contact our experienced Oklahoma City personal injury attorney at Warhawk Legal. We offer free consultations and only get paid when you win.